Key Facts
- •Six-year-old C's parents, F and M, are in a dispute over her care and permanent relocation to Germany.
- •Proceedings have been ongoing since August 2019, involving Hague Convention proceedings and multiple court hearings.
- •M seeks permission to permanently remove C to Germany, where her family resides.
- •F opposes the move, alleging parental alienation by M and seeking a child arrangement order for C to live with him.
- •A Guardian represents C's interests.
- •Cardiff County Council Children Services supports M's application.
- •Recorder Archer previously made findings of abusive behavior against both parents.
- •Numerous attempts at contact between C and F have been largely unsuccessful.
- •The court considered three proposals: return to Germany, removal to F's care, and a psychological assessment.
Legal Principles
The child's best interests are the paramount consideration.
Children Act 1989, s 1
Presumption of parental involvement unless proven detrimental.
Children Act 1989, s 1(2A)
Welfare checklist considerations (wishes and feelings, needs, likely effects of change, age, sex, background, harm, parental capabilities, available powers).
Children Act 1989, s 1(3)
No presumption in favor of relocation for primary carer unless compelling reason.
Payne v Payne [2001] EWCA Civ 166
Article 8 rights of all parties to be considered.
ECHR Article 8
Orders must be fair and in accordance with Article 6.
ECHR Article 6
Definition and assessment of parental alienation.
Case law on parental alienation (e.g., Re. S [2020] EWCA Civ 568)
Brussels IIA for enforceability of orders in Germany.
Regulation (EC) No 2201/2003
Outcomes
F's application for a child arrangement order dismissed.
Not in C's best interests; would cause significant harm.
M's application for permanent relocation to Germany allowed.
In C's best interests; meets her needs and offers best chance for relationship with F.
Guardian's Part 25 application for psychological assessment refused.
Not in C's best interests; unlikely to improve relationship with F and would cause further harm through delay.